Sen. Tammy Baldwin of Wisconsin, a Democrat facing a tough reelection battle, has made protecting reproductive rights a key focus of her campaign. She has pledged to change the Senate filibuster rules if Democrats retain control of the chamber in order to ensure that women in every state can make their own decisions about abortion. Baldwin warns that Republicans may target the filibuster to impose a national abortion ban if they win in November. Many Democratic incumbents and challengers in Senate races this year have expressed support for suspending the filibuster to restore a national right to abortion, using the nationwide battle over abortion rights as a key talking point.
Republicans have criticized Democrats for wanting to change the rules and have stated they would not do so if they win the presidency and Senate. Sens. Susan Collins and Lisa Murkowski, two prominent Republican supporters of abortion rights, have introduced legislation to codify protections established by Roe v. Wade. Senate rules currently require 60 votes to end debate over a bill, effectively making it the minimum number of votes needed to pass legislation. However, whichever party controls the Senate can change the rules and carve out exceptions to the filibuster with a simple majority vote, known as the “nuclear option.”
While neither party has gone as far as changing the rules for legislation, many Democrats running in Senate races this year have expressed support for doing so, especially to protect abortion rights. President Joe Biden has also supported a carve-out to the filibuster to codify abortion rights, an idea opposed by two moderate senators, Joe Manchin and Kyrsten Sinema. There may be pressure from anti-abortion groups if the GOP gains full control in Washington to lift the filibuster, but national organizations have de-emphasized the issue publicly. Democrats and abortion rights groups are skeptical that Republicans would not attempt to lift the filibuster rule for a federal ban on abortion.
President Donald Trump has voiced conflicting views on the filibuster rule, depending on whether his party controlled the Senate. In 2017, he called for an end to the filibuster to advance his agenda, including repealing the health care law and building a border wall. Several high-ranking members of the Senate GOP, including John Thune, John Cornyn, and John Barrasso, have expressed opposition to lifting the filibuster. Democratic Gov. Gretchen Whitmer of Michigan has warned of a national abortion ban if Republicans win the presidency and Congress. The issue of changing the filibuster rules remains a contentious topic among lawmakers on both sides.
Overall, the debate over changing the Senate filibuster rules to protect abortion rights has become a significant issue in the upcoming Senate elections. Democrats, led by Sen. Tammy Baldwin, are advocating for suspending the filibuster to ensure access to abortion nationwide, while Republicans have criticized this approach. The outcome of these elections will likely have a significant impact on the future of abortion rights in the United States and the rules governing the Senate’s legislative process. With polarization and gridlock in Congress, the filibuster rules have become a central point of contention between the two parties as they vie for control of the chamber.
